First, should the hospital take legal responsibility for random inspection?
Medical institutions and their medical staff shall not carry out unnecessary inspections in violation of the norms of diagnosis and treatment, and it is an infringement for hospitals to arbitrarily open inspection items.
Random inspection refers to fabricating or providing unnecessary medical services through repeated registration, repeated laboratory tests, examinations and treatments, or laboratory tests, examinations and treatments without indications, as well as decomposition of hospitalization or hospitalization without indications.
Medical institutions and their medical staff randomly check patients, which will constitute infringement.
According to the relevant provisions of the Tort Liability Law, medical institutions and their medical personnel shall not carry out unnecessary inspections in violation of the norms of diagnosis and treatment.
According to this law, doctors should take the initiative to inform patients of their illness and medical measures during diagnosis and treatment.
If the hospital actually fails to fulfill its obligation to inform, it will damage the patient's right to know and the right to diagnosis and treatment. If the patient can't get the correct information from the data independently, it means that the hospital hides the information with the data, so the patient will continue to be ignorant and controlled.
If surgery, special examination and special treatment are needed, medical risks should be explained and alternative medical schemes should be informed for patients to choose. Before implementation, the consent of the other party shall be obtained. This kind of consent is not only general verbal consent, but also requires written consent; If it is not appropriate to explain to patients, they should also inform their close relatives and obtain written consent.
Otherwise, if the patient is damaged, the medical institution will be liable for compensation.
Second, the responsibility of medical accidents
1. Administrative responsibility:
The administrative responsibility of medical malpractice is mainly manifested as administrative punishment. According to the Administrative Punishment Law of the People's Republic of China, the types of administrative punishment are: warning; Fines; Confiscation of illegal income and confiscation of illegal property; Ordered to stop production and business; Suspend or revoke the license, suspend or revoke the license; Administrative detention; Other administrative penalties prescribed by laws and administrative regulations. Chapter VI of the new regulations provides specific administrative penalties for violations of the regulations.
2. Civil liability:
There have been different views on the nature of civil liability for medical malpractice, which can be summarized into two ways, namely contractual liability and non-contractual liability. Those who advocate contractual liability believe that patients go to the hospital for treatment and register first, and the hospital accepts registration. Such a process is the establishment of a medical contract, in which patients pay fees as required and doctors provide medical services for patients. This is the relationship of rights and obligations under the condition that both parties agree. The duty of a doctor is to provide the best medical service for patients as much as possible. Doctors are not responsible for failing to cure patients, but for the methods they adopt in the course of treatment and the degree of attention they pay when providing medical services. Therefore, if the doctor violates the duty of care and causes personal injury to the patient due to his carelessness, it means that he has violated the contractual obligation, so he should bear the liability for breach of contract. Many civil law countries, such as Germany, Sweden, Austria and Greece, pursue medical responsibility through contracts.
3. Criminal responsibility:
Chapter VI Crime of disturbing social management order Section 5 Crime of endangering public health Article 335 of the new criminal law stipulates the crime of medical accident: medical personnel who cause death or seriously damage the health of patients due to serious irresponsibility shall be sentenced to fixed-term imprisonment of not more than three years. This is the first time that the crime of medical malpractice has been stipulated as an independent crime in China's criminal law.
The penalties in Chapter VI of the Regulations also stipulate some provisions that are linked with the criminal law. Article 53 stipulates that a staff member of the administrative department of health takes advantage of his position to accept property or other benefits from others, abuses his power, neglects his duty, or fails to investigate and deal with illegal acts, thus causing serious consequences. According to the provisions of the Criminal Law on bribery, abuse of power, dereliction of duty or other related crimes, criminal responsibility should be investigated according to law. If a person who participates in technical appraisal accepts property or other benefits from both parties or one party and issues false appraisal documents, causing serious consequences, he shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of accepting bribes. Those who are not serious enough for criminal responsibility shall be given administrative penalties for public security according to law.
To sum up, the hospital's random inspection is a very irresponsible behavior of the hospital to patients, and sometimes it even delays the best treatment period of patients. Relevant departments should intensify investigation and punishment to protect the legitimate rights and interests of patients. This is the whole content of this article. If you have any questions, you want to consult a lawyer. Welcome to consult online.